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ATF recently published a notice in the Federal Register that has the gun world up in arms – and it’s being reported as a ban on pistol braces. That’s not true, because the document doesn’t actually do anything. You’re telling me that ATF’s fancy new “Objective Factors” document is comprised almost entirely of “we’ll know it when we see it” sort of generalizations? Posted June 18, 2020 in Editorials, Gun News by Andrew Tuohy. A response to the BATFE and its proposed rulemaking on Pistol Braces. ATF was advised by the first manufacturer to submit an arm brace for classification that the intent of the arm brace was to facilitate one-handed firing of the AR15 pistol for those with limited strength or mobility due to a handicap, and to reduce bruising to the forearm when firing with one hand. SHOW NOTES. Yes, yes it is. A group of Republican Congressmen is warning federal firearms regulators to slow their roll when it comes to what could be a ban on popular pistol braces. Why not? If short barreled rifles are so very dangerous, and ATF considers some percentage of these brace-equipped pistols to be short barreled rifles, why haven’t we seen a related increase in crime or in criminal acts committed with brace-equipped guns? Furthermore, our benevolent overlords are so graciously granting us clemency until such time as they aren’t. The last decade has proven beyond any doubt that SBRs — if the ATF’s contention that many braced pistols are SBRs has any validity whatsoever — are not likely to be used for criminal purposes (less than 3 percent of murders are committed with any type of rifle). (Playback ID: HeAVZKs03I38hKAS) Videos you watch may be added to … Advertisement … Banning Pistol Braces Pistol braces are attachments to the rear of a handgun designed to provide stability to the shooter by using the shooter’s forearm as support. Recently news has broken from Congressman Gaetz about the ATF’s secret brace ban. Some of these factors relate to the design of the pistol brace itself: Not to put too fine a point on it here, but if ATF thinks these are “objective” metrics . As in interesting aside, there is now something on the order of five or six million pistol stabilizing braces in private ownership in the United States (the only country in which this is relevant, mind you, as effectively no other country regulates a “short barreled rifle” any differently from any other rifle). You know, for our benefit. The NRA-ILA notes that the ATF’s recategorization of the Honey Badger Pistol marks a significant department from their prior policy, which has been in place since 2012, and which recognized pistol braces as stabilizing devices for firearms. This stock did not "make a machine gun", but it played well in the media. Basically, what type and configuration of firearm the rogue bureaucracy gives its blessing for adornment with a pistol stabilizing brace, and what type it claims is just a short barreled rifle in pistol clothing. Since June 2020, there have been talks about a secret ban on certain types of pistol braces. ATF Withdrawal Letter. Though the waters have been muddied a bit over the past decade by a series of letters issued by BATFE, it is generally accepted that pistols with arm braces attached are not considered short-barreled rifles (SBRs), which would subject them to … Some people argue that by using a pistol brace, the pistols turn into short-barreled rifles, which would make them illegal without an NFA registration. They have a shorter length of pull and most often have straps of some type so that the shooter can attach it to their arm and fire it one-handed. ATF: Pistols with Stabilizer Braces May Be ‘Short-Barreled Rifles’. Pistol Brace Backgrounder + … Should you choose to comply with the latest in ATF’s waffling and indecision and absurd “standards” related to pistol braces, the agency is all too happy to help (in the “we’re from the government, and we’re here to help you” sense): So, should your pistol not meet the “objective factors” detailed in this proposed document, fear not, you can register it as an SBR in an expedited process with the normal, $200 registration tax waived entirely. . The change would have required gun owners to either turn in their firearms or register their pistols as NFA firearms and pay a $200 tax stamp if the weapon is accepted. This is again a right to be taken from us that won’t solve a thing. Please try again later. If a law goes through and bans pistol braces, almost one … Many in the shooting and hunting space have already sounded the alarm over the pending ATF pistol brace rule change. It is … Shouldering a firearm with a brace does to make it an NFA item. In the ATF’s potential coming assault on pistol braces, millions of owners of the devices might be left with only a few alternatives. Trump didn't even say much about. A pistol brace outwardly resembles a stock but is typically made of rubber for the most part, although there are some newer ones made of plastic or even metal. Which they not only know, but explicitly state in this very document: To be clear once again, pistol braces are NOT being banned (start with the first complete sentence below): We’ve dealt with restrictions on what an acceptable brace format is in the past, such as the apparent 13.5-inch “length of pull” limit. Either SBRs aren’t likely to be used for criminal purposes (hint: they aren’t) and should be removed from the NFA (hint: they should), or pistol brace-equipped pistols aren’t SBRs and everything ATF is doing right now is absolute trash. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document. The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement.” — Marvin G. Richardson, ATF Associate Deputy Director. ATF’s claim is that it’s simply detailing in a clear, objective fashion the metrics by which it does, will, and has judged pistol braces. That isn’t happening. Please refer to the document for the full list of “objective” factors by which ATF will determine “pistol” or “rifle.”. Not a Pistol Brace Ban…Yet. — Rob (@2Aupdates) October 14, 2020 At issue is the legal design of the AR pistols, made by most major AR makers. A letter from the office of Congressman Matt Gaetz warning of impending secret pistol brace rules from the ATF has hit the gun blogosphere like a hefty child doing a cannonball into a pool. link to the specific page at www.regulations.gov as soon as it’s available. It’s a guidance document, sort of an official announcement of ATF policy, but ATF policy is not law. An error occurred. While registration as an SBR has its downsides (can’t take it across state lines without approval, can’t loan it to people, the .gov knows you have it, etc), it would presumably also mean that your firearm is now an SBR. With the leak of a new letter showing that ATF is opening up a public comment period ahead of finalizing their “Objective Factors for Classifying Weapons with Stabilizing Braces ” document, there is renewed fear of an impending pistol brace ban. Pistols equipped with a pistol stabilizing brace are designed and intended to be “fired by the use of a single hand. The ATF is looking to crack down on a loophole that allows owners of AR-15s, AK-47s, and other automatic and semi-automatic rifles to modify their rifles into pistols by use of what's known in the industry as a "pistol brace." ”The object of a pistol stabilizing brace is … But we don’t want to walk on egg shells, we can’t be expected to have a law degree just to understand rulings, and we don’t have the time or resources to attend continuing education classes just to stay on top of ATF’s incessant shifts of opinion. That’s the question that ATF is attempting to prosecute. For example: So this is, like, a rule that’s based on each individual person’s arm and wrist strength? The possession, manufacture or transfer of a pistol brace would most likely be treated the same as any other violation under the below section of 18 USC Section 922, that … 85 FR 82516. The proposed ban applies to certain pistol braces, which had been previously blessed by BATFE as lawful accessories. The public comment period on the proposed “Objective Factors for Classifying Weapons with Stabilizing Braces” document begins very soon. You Can’t Stop It. Failure to comply would have made the owners of previously legal pistols … Not a Pistol Brace Ban…Yet As AmmoLand has reported, the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) spoke with the Biden transition team. With the leak of a new letter showing that ATF is opening up a public comment period ahead of finalizing their “Objective Factors for Classifying Weapons with Stabilizing Braces” document, there is renewed fear of an impending pistol brace ban. The ATF thought it didn’t have the political capital to move on pistol braces under a Trump administration. First, let’s not miss this gem from the document: The planned “Objective Factors” document isn’t a brace ban and it isn’t a law. While you and I might believe an objective “so heavy that it is impractical” weight is 80 ounces and up, ATF somehow believes that these vague rules of thumb are “Objective Factors.” I find it very hard to believe this sort of subjective vaguery could possibly hold up in court. ATF pistol brace ban 2020? Angry politicians started crying foul over the Sig shoulder brace saga. Those include paying the tax stamp and registering the weapon. In fact, I would call these factors not objective, but objectively subjective. Devices that make rifles (AR/AK) more accurate adds to the body count in a mass shooting in malls and schools. Let’s address the biggest issues and what you need to do to protect yourself in light of the the possible pistol brace ban. (Indeed, the ATF has no authority to declare accessories like pistol braces to be … Gaetz said he and six of his congressional colleagues have sent a letter to the acting ATF director, Regina Lombardo, and Atty. . Other options could include destroying their hardware, turning it over to the feds or ignoring potential new guidance and being in violation of federal law. I’ll highlight some insights a number of others have already brought up, but let’s start with a big … We’ll update this article with a link to the specific page at www.regulations.gov as soon as it’s available. Pistol Brace Backgrounder + Stephen’s Tweet, Sen Cassidy’s Press Release on DESCEND Act Passage & CSP News Alert, BREAKING: President Trump REMOVES BAN On AR-15 Brace, HALTS MASSIVE GUN CONFISCATION SCHEME, Marvin G. Richardson, ATF Associate Deputy Director, Sen Cassidy’s Press Release on DESCEND Act Passage, * This article was originally published here, BREAKING: FORENSIC FIRM: 300,000 BIDEN VOTES In Michigan and Wisconsin in the 2020 ELECTION Were ADDED By OUTSIDE SOURCES, Retail Sales Rebound After Three Weak Months, Hitting A Record High, Secretary Antony J. Blinken Remarks to the UN Security Council Briefing on COVID-19 and Vaccine Access. The ATF, evidently, is not indicating that the mere presence of a brace on a pistol automatically converts the firearm into one under the purview of the National Firearms Act (“NFA”). Braces make it possible to shoot more accurately. The 2015 letter alleged that shouldering an arm brace equipped firearm near the shoulder constitute redesign, well they admitted later in 2017 that this is no longer the case. Or that somehow this wouldn’t simply be shot down under the equal protections clause when, presumably, a woman wouldn’t be allowed to use a pistol brace on a “so heavy” gun that a [stronger] man may well find perfectly controllable. Or at least define. “I fail to see how crime is prevented by banning pistol braces.” Simple, actually. The summary of the series of events was this essentially this: Don’t put the pistol brace to your shoulder or it might make the weapon subject to NFA … In Episode 130 of District of Conservation, Gabriella gives the skinny on the latest news transpiring from in and around Washington. So that the firearm industry and the public understand exactly what is and is not kosher when it comes to a pistol brace. Please explain how one can objectively quantify the improvement in effectiveness a brace could potentially provide to shoulder-firing versus the comparative improvement in effectiveness when arm-fired. Congressman Matt Gaetz announced today on his podcast the ATF is crafting secret rules restricting the possession of certain pistol braces by American citizens, and that he has sent them a letter demanding they stop. “Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. ATF is now “informing” the public of other factors that it considers (and, allegedly, has historically considered; they just didn’t feel like telling anyone) when determining the validity of a braced pistol, such as choice of optic: Effectively, all of these factors are intended to determine the pistol manufacturer’s and the end user’s intent. All of my ranting aside, the idea of objective, standardized, reliably-unchanging factors for how ATF determines firearms classification is a good thing. . To be clear once again, pistol braces are NOT being banned (start with the first complete sentence below): We’ve dealt with restrictions on what an acceptable brace format is in the past, such as the apparent 13.5-inch “length of pull” limit. In it, the ATF purports to “Objectively” define the criteria under which a braced pistol … Perhaps it’s more like the Bureau of Alcohol Tobacco Firearms Explosives Confusion Entrapment and Subjugation (or BATFECES)? But ATF Is Attempting Further Restrictions. Was this firearm built with the intention of using it as a pistol or as a rifle? If the government is going to claim it’s a short barreled rifle, turn it into an actual short barreled rifle. I want to be clear, there are no reports or suggestions that a pistol brace ban is coming but lets examine what could happen if they are deemed to be “illegal” without any due process like the bump stock was. Not just there, but with our representatives. In the meantime, give the document a read and post any questions in the comments. As I’m sure you know, the Bureau of Alcohol, Tobacco, Firearms, and Explosives recently published a proposed rule in the Federal Register. We recently wrote about the plan to place many braced equipped guns on the NFA registry. Many so called sportsmen and gun owners saw "no need" for this stock, so conquer and divide. Firearm law is serious, and we law-abiding gun owners want to and intend to stay on the up-and-up. As AmmoLand has reported, the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) spoke with the Biden transition team. Tag: atf pistol brace ban. Long a target of anti-gun groups, some have argued that the ATF could undertake a rulemaking action to outlaw or further regulate braces, of which as many as 4 … 2014: ATF rules against shouldering braces. U.S. Rep. Matt Gaetz announced on his podcast "Hot Takes with Matt Gaetz" the ATF is crafting new rules concerning pistol braces. — 10 Comments. https://www.thetruthaboutguns.com/no-pistol-braces-are-not-banned-but-atf-is-attempting-further-restrictions/, objective factors for classifying weapons with stabilizing braces, BREAKING: Texas AG Accuses Cheaper Than Dirt of Price Gouging, 6th & 7th Day of Christmas By Bloomberg and Beto-Backed Lawmakers, Ohio No Duty to Retreat Legislation Heads to the Governor, Michelle Obama’s Mother Dies, Leaves Inheritance to ‘My Son Michael’, 10 Ruger Mini-14 and Mini Thirty Accessories That Are Actually Worth the Money, Walther PDP Compact: New 9mm Compact Pistol Features 15+1 Capacity, Gun Review: Savage Axis II XP in .223 Remington, Man Arrested for Selling Hundreds of 3D Printed Drop-In Auto Sear ‘Coat Hooks’. As explained in the notice, the proposed guidance was not a regulation. However, the ATF suddenly reversed their position on December 23, 2020, by withdrawing their attempts to formulate a rule concerning pistol braces which would have placed many guns under the purview of the NFA. AR pistols carry short barrels and a … The less it can have any reasonable expectation of keeping up with these shifts in ATF’s interpretations and their objectively subjective rules. Posted on December 21, 2020 December 21, 2020. Regular readers of Ammoland News were aware that ATF’s top two priorities were 80% receivers & frames, and pistol braces. If the firearms are inherently inaccurate in mass shootings, fewer people get shot. Guidance documents are not binding and do not have the … Besides, the more ATF goes back and forth on what is and is not acceptable, based not on actual, explicit law but rather on the ever-changing opinions of its personnel on how the agency interprets the law and intends to enforce the law, the less a well-intentioned public is going to care. 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